Case Summaries

Criminal Law & Procedure

[09/02] US v. Beale
Defendants' convictions for conspiracy to prevent by intimidation a judicial officer from discharging her official duties, and obstruction of justice, are affirmed where: 1) the evidence was sufficient to convict defendants of conspiracy to prevent by force, intimidation or threat, an officer of the U.S. from discharging her duties; 2) the First Amendment did not bar defendants' convictions because the conduct underlying the convictions was an unprotected true threat; and 3) the jury was advised more than once about the protections afforded by the First Amendment.

[09/02] US v. Holmes
Defendant's convictions for being a felon in possession of a firearm, and for possessing with intent to distribute in excess of five grams of crack cocaine, are affirmed in part where the evidence was sufficient to overcome a challenge to the sufficiency of the evidence to support defendant's conviction on the felon-in-possession charge. However, the convictions are reversed in part where neither defendant nor his attorney on his behalf made a clear and intentional waiver of defendant's rights to confrontation that would allow the full extent of the confidential informant's statements read by an officer.

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Ethics & Professional Responsibility

[08/31] Wolfe v. Schaefer
In an attorney's 42 U.S.C. section 1983 suit against the State Attorney and others, arising from his failed 2008 bid for State's Attorney of Cumberland County, Illinois, claiming that defendants violated the Fourth Amendment and the due process clause of the Fourteenth Amendment by publicly disclosing that plaintiff was under investigation by Illinois state agencies for possible violations of legal ethics, tax law, and unemployment-insurance law, district court's dismissal of the suit is affirmed as the fact that a candidate for public office is under investigation for legal and ethical violations is a matter of substantial public interest.

[08/31] Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
In defendant's suit against a law firm, claiming that an arbitrator's award of $7,554,149.13 in attorney fees and expenses for the law firm, related to its representation of defendant in an underlying complex environmental litigation, is unconscionable and violates public policy, superior court's affirmance of the award is affirmed as, assuming that defendant's claim of unconscionability is subject to judicial review as a predicate for determining whether the arbitration award violates public policy, the claim is rejected on the merits as neither the fee agreement nor the award actually issued by the arbitrator is unconscionable under rule 4-200 of the Rules of Professional Conduct.

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Family Law

[08/31] In re A.M.
An order declaring a father's minor children dependents of the juvenile court under Welfare and Institutions Code section 300(f) is affirmed where: 1) substantial evidence supports the court's section 300(f) jurisdictional finding that the father caused the death of a minor child through neglect; and 2) after considering all of the evidence and having the opportunity to observe the demeanor of witnesses, the juvenile court was in the best position to make the credibility findings concerning the father's statements.

[08/30] In re R.R.
In dependency proceedings, juvenile court's order declaring petitioner-father's daughter a person described by Welfare and Institutions Code section 300(b) based on the father's past and current drug use, is affirmed where: 1) the juvenile court did not err in denying father's motion to quash subpoena of his hospitalization; 2) any error in not hearing the motion to quash was harmless because as a matter of substantive law the motion would have been denied as father's hospital records were admissible; 3) father's claim that his right to privacy was violated by dissemination of his medical records is rejected; 4) substantial evidence supported the finding that the daughter was a person described by section 300; and 5) juvenile court did not abuse its discretion by ordering monitored visits.

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Immigration Law

[09/01] Mwasaru v. Napolitano
A Kenyan citizen's appeal of a district court's order dismissing her petition for a writ of mandamus, seeking a court order compelling U.S. Immigration and Customs Enforcement to transfer her file to an immigration judge to commence removal proceedings, review by the IJ of the denial of adjustment status, and the issuance of a diversity visa should the IJ approve her application, is dismissed for lack of jurisdiction as section 1154 rendered petitioner ineligible for a DV-2007 visa as of midnight on September 30, 2007, and therefore, she is likewise ineligible for adjustment of status under section 1255 because no visa is immediately available.

[09/01] Lin v. Holder
A Chinese couple's petition for review of a BIA's affirmance of an IJ's decision that petitioners were not entitled to asylum or withholding of removal and are eligible to be deported is denied as petitioners have not met their burden of demonstrating past persecution or a well founded fear of future persecution that if they return to China they will be persecuted on account of their opposition to and failure to comply with family planning policies.

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Injury & Tort Law

[09/01] Fisher v. Wal-Mart Stores, Inc.
In an action against Wal-Mart Stores, Inc. and two Missouri police officers following an incident involving counterfeit money orders at a Raymore Wal-Mart store, summary judgment for defendants is affirmed where: 1) given these undisputed facts, probable cause supported plaintiff's warrantless arrest; 2) attorney's fees were proper because plaintiff's continued prosecution of her false arrest claim against the officers in the face of the evidence upon discovery was unquestionably groundless and unreasonable; and 3) the record reflected no evidence of racial animus or hostility toward plaintiff.

[09/01] Sprinkles v. Associated Indem. Corp.
In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.

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Workers' Comp

[08/31] Hayes Lemmerz Int'l, Inc. v. ACE Am. Ins. Co.
In an employer's suit against its insurer for refusing to tender defense in an underlying suit under its workers' compensation and employer liability policy, judgment of the district court in favor of the insurer is affirmed as, because defendant was, by virtue of Indiana law, a joint employer, insurer was contractually obligated to reimburse the reasonable expense of defendant's getting itself dismissed from the tort suit. However, because the defendant is not claiming that insurer refused to pay that amount, but rather, it is complaining that the insurer breached its duty to defend by failing to advise defendant that it's law firm was not defending the suit properly, the insurer had no duty to provide its insured's lawyers with legal advice.

[08/27] Transcon. Ins. Co. v. Crump
In plaintiff's suit against her deceased husband's insurer for workers' compensation death benefits, the judgment of the court of appeals is reversed and remanded where: 1) the treating physician's opinion was based on a reliable foundation and, therefore, legally sufficient evidence supports the jury's verdict; 2) the trial court's omission of the but-for component in the jury charge constitutes reversible error; and 3) an insurance carrier is entitled to have a jury determine the disputed amount of reasonable and necessary attorney's fees for which it is liable.

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